Cook v. Challiss
Supreme Court of Kansas
Error from Atchison District Court. At the January term of the district court, to wit, on March 27,1890, judgment was rendered in favor of the said George T. Challiss against the said W. W. Cook and T. A. Brace, and others, for the sum of $5,530 and costs. A case-made was prepared by Cook and Brace, but it was never settled nor allowed. The same material, with perhaps something additional, was, however, used as a transcript.
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Error from Atchison District Court. At the January term of the district court, to wit, on March 27,1890, judgment was rendered in favor of the said George T. Challiss against the said W. W. Cook and T. A. Brace, and others, for the sum of $5,530 and costs. A case-made was prepared by Cook and Brace, but it was never settled nor allowed. The same material, with perhaps something additional, was, however, used as a transcript. The body of the certificate to this transcript is as follows : “I, Charles S. Albright, clerk of the district court within and for the county of Atchison and state of…
1Opinion of the Court
The opfinion of the court -was delivered by ■
Martin, C. J. :
Section 546 of the code of civil procedure, as amended by chapter 86, §1, of the Laws of 1870, reads as follows:
(‘ The plaintiff in error shall file with his petition a transcript of the proceedings containing the final judgment or order sought to be reversed, vacated or *365modified, or the original case-made as hereinafter provided, or a copy thereof.”
This section was modified by chapter 185 of Laws of 1877, being “An act to reduce the expenses of litigation in the supreme court,” whereby it was provided, among other things, “that in…
2Cases cited1 opinion
- Moore v. CutlerSupreme Court of Kansas · 1877
3Cited by4 opinions
- Featherman v. Granite CountyMontana Supreme Court · 1903
- Snider v. WindsorSupreme Court of Kansas · 1908
- Buehl v. American Indemnity Co.Supreme Court of Oklahoma · 1919
- Bank of Santa Fe ex rel. Coffman v. HusseyCourt of Appeals of Kansas · 1897